A92147:463
A treatise of civil policy
A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and privilege, in reference to the supreme prince and the people. / By Samuel Rutherford professor of divinity of St Andrews in Scotland.A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland.
London, : Printed and are to be sold by Simon Miller at the Star in St Pauls Church-yard near the West end., 1657 i.e. 1656
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
and if the Knights and Burgesses of the1 House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations, who put the trust on them, the observator did never say that Parliamentary power was so entire and irrevocably in them, as that the people may not resist them, annul their Commissions, and rescind their acts, and denude them of fiduciary power, even as the King may be denuded of that same power by the three estates, for particular Corporations are no more to be denuded of that fountain-power of making Commissioners, and of the self preservation, then the three estates are. 2. The P. Prelate cometh not home to the mind of Buchanan, who knew the fundamental Laws of Scotland, & the power of Parliaments, for his meaning was not to deny a legislative power in the Parliament, but when he calleth their Parliamentary declarations [Greek or Hebrew] his meaning2 is only that which Lawyers and School-men both say, Leges non promulgatae non habent vim legis actu completo obligatoriae, Laws not promulgated do not oblige the subject while they be promulgated, ⟨p. 153⟩but he falsifies Buchanan, when he saith, Parliamentary Laws must have the authoritative influence of the people, before they can be formal Laws, or any more then [Greek or Hebrew] or preparatory3 notions. And it was no wonder, when the King denied a Parliament, and the supreme Senate of the secret Council was corrupted, then that the people did set up Tables, and extraordinary judicatures of the three estates, seeing there could not be any other government for the time.
and if the Knights and Burgesses of the1 House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations, who put the trust on them, the observator did never say that Parliamentary power was so intire and irrevocably in them, as that the people may not resist them, anull their Commissions, and rescind their acts, and denude them of fiduciary power, even as the King may be denuded of that same power by the three estates, for particular Corporations are no more to be denuded of that fountain-power of making Commissioners, and of the self preservation, then the three estates are. 2. The P. Prelate commeth not home to the mind of Buchanan, who knew the fundamental Lawes of Scotland, & the power of Parliaments, for his meaning was not to deny a legislative power in the Parliament, but when he calleth their Parliamentary declarations his meaning